Mohammad Ayaj vs The State Of Madhya Pradesh
2021 Latest Caselaw 5611 MP

1         HIGH COURT OF MADHYA PRADESH :
                   BENCH AT INDORE
                   MCRC No.20137/2021
               Mohammad Ayaj Vs. State of MP

Indore: Dated:- 17/09/2021:-

Shri Himanshu Thakur, learned counsel for the applicant. Shri Valmik Sakargayen, learned Govt. Advocate for the State. With the consent, finally heard. This is first bail application under Section 439 of Cr.P.C. for grant of bail arising out of Crime No.06/2021 registered at Police Station- Narcotic Cell Indore, Branch Mandsaur for the offence punishable under Section 8/22 of NDPS Act.

Learned counsel for the applicant submits that as per prosecution story, 6400 tablets of Alprazolam are allegedly recovered from applicant. This Court has granted bail in similar cases in MCRC No.1338/17 and in MCRC No.17136/21.

The prayer is opposed by the learned Govt. Advocate on the strength of order passed in MCRC No.10730/2019 (Subham vs. State of MP) decided on 15/03/2019.

Heard at length.

This Court in Subham (supra) considered the judgment of Supreme Court and opined as under:-

"The Hon'ble Supreme Court in the case of Union of India and Anothers Vs. Sanjeev V. Deshpande, reported in 2014 Cr.L.R. SC 896, considered the contraversy as to whether the contents of psychotropic salt in the tablets could be separately counted for calculating the weight or volume of pyschotropic substance in medicinal preparation. The Supreme Court repelled the contention and held that the gross weight of the drug is to be counted and not merely the net percentage/contents of the salt in the medicinal preparation for finding out the actual weight of the drugs in reference to the schedule under the NDPS Act. Same view has also been taken by the Hon'ble Supreme Court in the case of Shahabuddin and Ors. Vs. State of Assam, passed in Criminal Appeal No.629/2010 decided on 13/12/2012.

Considering the law laid down by the Hon'ble apex 2 HIGH COURT OF MADHYA PRADESH :

BENCH AT INDORE MCRC No.20137/2021 Mohammad Ayaj Vs. State of MP

Court in the above cases, at this stage no case for grant of bail to the applicant is made out. Accordingly, this application is hereby dismissed."

In view of this judgment, the number of tablet or quantity of psychotropic salt is not required to be separately counted. If it is not counted separately, prima facie the quantity of objectionable substance so recovered from applicant is more than the commercial quantity. Thus, at this stage, no case for bail is made out. Bail application is dismissed by reserving liberty to renew it after substantial prosecution evidence is recorded by Court below.

MCRC is dismissed with the liberty aforesaid. Certified copy, as per rules.

(SUJOY PAUL) JUDGE soumya

Digitally signed by SOUMYA RANJAN DALAI Date: 2021.09.20 18:08:01 +05'30'